Smith v. . Ryan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered. December 31, 1906, affirming a judgment in favor of defendants entered upon a verdict directed hy the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered. December 31, 1906, affirming a judgment in favor of defendants entered upon a verdict directed hy the court. The nature of the action and the facts, so far as material, are stated in the opinion. Whether the deed of Michael L. Wynn, under which defendants claim, was voidable only or wholly void, the plaintiffs had the right to sue in ejectment, and when the deed was set up to defeat their claim, to meet the defense hy showing the incompetency of the grantor; or that the deed was…
1Opinion of the Court
Cullen, Ch. J.
The action was ejectment to recover premises in the city of Hew York. The plaintiffs claimed as heirs at law of one Michael X. Flynn, concededly at one time seized and possessed of the premises, who died January 14th, 1889. Defendants claimed title through a deed executed by said Flynn, bearing date January 25th, 1887, to John Dollard, and another made by said Dollard on January 27th of the same year to Mary M. Flynn, the wife • of said Michael L. Flynn. They also claimed title through a will of said Michael L. Flynn made on March 13th, 1885. The complaint alleged that the…
2Cases cited25 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Bool v. MixNew York Supreme Court · 1837
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3Cited by39 opinions
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- Finch v. GoldsteinNew York Court of Appeals · 1927
- Beutel v. BeutelNew York Court of Appeals · 1982
- Casey v. . KastelNew York Court of Appeals · 1924
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
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